State v. Learned
Supreme Court of Kansas
Appeal from Stafford district court; Jermain W. Brinckerhoff, judge. STATEMENT. On the 20th day of April, 1905, the county attorney of Stafford county, Kansas, filed an information in the district court against William Learned and Bertha M. Austin, charging, or attempting to charge, both of the defendants jointly with incest with each other. There were six counts in the information.
Read the full summary
Appeal from Stafford district court; Jermain W. Brinckerhoff, judge. STATEMENT. On the 20th day of April, 1905, the county attorney of Stafford county, Kansas, filed an information in the district court against William Learned and Bertha M. Austin, charging, or attempting to charge, both of the defendants jointly with incest with each other. There were six counts in the information. The first count charged that the offense was committed on the - day of July, 1903, the second count oh the -day of November, 1903, the third count on the-day of November, 1903. The fourth and fifth counts charged…
1Opinion of the Court
*331The opinion of the court was delivered by
Smith, J.:
The distinctive ingredient of the crime of incest is the relationship of the parties, while the distinctive ingredient of the crime of statutory rape is the youthfulness of the female. The evidence necessary to convict of incest would not be sufficient to convict of statutory rape, as there need be no evidence as to the age of the female. On the other hand, evidence that would convict of statutory rape would not suffice to convict of incest, as the relationship is wanting. Hence the crimes, although committed by the same act, are different…
2Cases cited5 opinions
- Cook v. StateSupreme Court of Georgia · 1852
- State v. WhiteSupreme Court of Kansas · 1890
- State v. PattersonSupreme Court of Kansas · 1903
- State v. WoodsSupreme Court of Kansas · 1892
- State v. HookCourt of Appeals of Kansas · 1896
3Cited by20 opinions
- State v. DunnSupreme Court of Kansas · 2016
- Moody v. Gufl Refining Co.Tennessee Supreme Court · 1919
- State v. HealySupreme Court of Minnesota · 1917
- State v. WhitingSupreme Court of Kansas · 1953
- McCaskill v. StateSupreme Court of Florida · 1908
15 more not listed; retrieve them via the Exa API.